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Part 5—Aged Care Quality and Safety Advisory Council

Part 5 Aged Care Quality and Safety Advisory Council

Division 1 Introduction

36   Simplified outline of this Part

This Part establishes the Advisory Council. It has the functions of providing:

       (a)     on its own initiative or on request, advice to the Commissioner in relation to the Commissioner’s functions; and

      (b)     on request, advice to the Minister about matters arising in relation to the performance of those functions.

The Advisory Council is to consist of a Chair and at least 6, but not more than 10, other members. The members are to be appointed by the Minister and must have substantial experience or knowledge in a specified field.

The Minister may give written directions to the Advisory Council about the performance of its functions or the procedures to be followed in relation to its meetings.

Division 2 Establishment and functions of the Advisory Council

37   Establishment of the Aged Care Quality and Safety Advisory Council

                   The Aged Care Quality and Safety Advisory Council is established by this section.

38   Functions of the Advisory Council

                   The functions of the Advisory Council are:

                     (a)  on its own initiative or at the request of the Commissioner, to provide advice to the Commissioner in relation to the Commissioner’s functions; and

                     (b)  at the request of the Minister, to provide advice to the Minister about matters arising in relation to the performance of the Commissioner’s functions.

39   Minister may give directions about the Advisory Council’s functions

             (1)  The Minister may, by legislative instrument, give written directions to the Advisory Council about the performance of the Advisory Council’s functions.

Note:          Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).

             (2)  A direction given by the Minister under subsection (1):

                     (a)  must be of a general nature only; and

                     (b)  must not relate to a particular aged care consumer, approved provider or service provider of a Commonwealth-funded aged care service.

             (3)  The Advisory Council must comply with a direction under subsection (1).

Division 3 Membership of the Advisory Council

40   Membership of the Advisory Council

                   The Advisory Council consists of the following members:

                     (a)  a Chair;

                     (b)  at least 6, and not more than 10, other members.

41   Appointment of Advisory Council members

             (1)  Each Advisory Council member is to be appointed by the Minister by written instrument, on a part-time basis.

Note:          An Advisory Council member may be reappointed: see section 33AA of the Acts Interpretation Act 1901 .

             (2)  An Advisory Council member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.

             (3)  A person is not eligible for appointment to the Advisory Council unless the Minister is satisfied that the person has substantial experience or knowledge in at least one of the following fields:

                     (a)  evaluation of quality management systems;

                     (b)  provision of care and services to aged care consumers, including provision of care and services to people with special needs;

                     (c)  aged care consumer issues;

                     (d)  geriatrics;

                     (e)  gerontology;

                      (f)  aged care nursing;

                     (g)  psychiatry of the older person;

                     (h)  adult education;

                      (i)  public administration;

                      (j)  management, including human resources management and information and data management;

                     (k)  law;

                      (l)  health consumer issues;

                    (m)  any other appropriate field of expertise.

42   Acting appointments

Chair

             (1)  The Minister may appoint a person to act as the Chair:

                     (a)  during a vacancy in the office of the Chair (whether or not an appointment has previously been made to the office); or

                     (b)  during any period, or during all periods, when the Chair:

                              (i)  is absent from duty or from Australia; or

                             (ii)  is, for any reason, unable to perform the duties of the office.

Other Advisory Council members

             (2)  The Minister may appoint a person to act as an Advisory Council member (other than the Chair):

                     (a)  during a vacancy in the office of an Advisory Council member (other than the Chair), whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when an Advisory Council member (other than the Chair):

                              (i)  is absent from duty or from Australia; or

                             (ii)  is, for any reason, unable to perform the duties of the office.

Eligibility

             (3)  A person is not eligible for appointment under subsection (1) or (2) unless the person is eligible for appointment as an Advisory Council member.

Note 1:       For eligibility to be appointed as an Advisory Council member, see subsection 41(3).

Note 2:       For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 .

43   Remuneration and allowances

             (1)  An Advisory Council member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is specified in the rules.

             (2)  However, an Advisory Council member is not entitled to be paid remuneration if the member holds an office or appointment, or is otherwise employed, on a full-time basis in the service or employment of:

                     (a)  a State; or

                     (b)  a corporation (a public statutory corporation ) that:

                              (i)  is established for a public purpose by a law of a State; and

                             (ii)  is not a tertiary education institution; or

                     (c)  a company limited by guarantee, where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or

                     (d)  a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.

Note:          A similar rule applies to an Advisory Council member who has a similar relationship with the Commonwealth or a Territory: see subsection 7(11) of the Remuneration Tribunal Act 1973 .

             (3)  An Advisory Council member is to be paid the allowances that are specified in the rules.

             (4)  This section (other than subsection (2)) has effect subject to the Remuneration Tribunal Act 1973 .

44   Leave of absence

             (1)  The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.

             (2)  The Chair may grant leave of absence to another Advisory Council member on the terms and conditions that the Chair determines.

45   Disclosure of interests to the Minister

                   An Advisory Council member must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member’s functions.

46   Disclosure of interests to the Advisory Council

             (1)  An Advisory Council member who has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by the Advisory Council must disclose the nature of the interest to a meeting of the Advisory Council.

             (2)  The disclosure must be made as soon as possible after the relevant facts have come to the Advisory Council member’s knowledge.

             (3)  The disclosure must be recorded in the minutes of the meeting of the Advisory Council.

             (4)  Unless the Advisory Council otherwise determines, the Advisory Council member:

                     (a)  must not be present during any deliberation by the Advisory Council on the matter; and

                     (b)  must not take part in any decision of the Advisory Council with respect to the matter.

             (5)  For the purposes of making a determination under subsection (4), the Advisory Council member:

                     (a)  must not be present during any deliberation of the Advisory Council for the purpose of making the determination; and

                     (b)  must not take part in making the determination.

             (6)  A determination under subsection (4) must be recorded in the minutes of the meeting of the Advisory Council.

47   Resignation

             (1)  An Advisory Council member may resign the member’s appointment by giving the Minister a written resignation.

             (2)  The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.

48   Termination of appointment

             (1)  The Minister may terminate the appointment of an Advisory Council member:

                     (a)  for misbehaviour; or

                     (b)  if the Advisory Council member is unable to perform the duties of the office because of physical or mental incapacity.

             (2)  The Minister may terminate the appointment of the Advisory Council member if:

                     (a)  the Advisory Council member:

                              (i)  becomes bankrupt; or

                             (ii)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                            (iii)  compounds with the member’s creditors; or

                            (iv)  makes an assignment of the member’s remuneration for the benefit of the member’s creditors; or

                     (b)  the Advisory Council member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Council; or

                     (c)  fails, without reasonable excuse, to comply with section 45 or 46 (which deal with the disclosure of interests).

49   Other terms and conditions

                   An Advisory Council member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined, in writing, by the Minister.

Division 4 Procedures of the Advisory Council

50   Procedures of the Advisory Council

             (1)  The Minister may give the Advisory Council written directions about the procedures to be followed in relation to meetings of the Advisory Council.

             (2)  A direction given under subsection (1) is not a legislative instrument.